09-003350RX Deborah Bohler vs. Department Of Management Services, Division Of Retirement
 Status: Closed
DOAH Final Order on Tuesday, November 10, 2009.


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Summary: Petitioner challenged Rule estab. form for spousal acknowledgement. Re: Option 1 retirement benefits. Consolidated case R.O. found for Petitioner and awarded benefits, the rule challenge is moot. R.O. satisfied her interests and no longer has standing.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEBORAH BOHLER, )

11)

12Petitioner, )

14)

15vs. ) Case Nos. 09-3350RX

20)

21DEPARTMENT OF MANAGEMENT )

25SERVICES, DIVISION OF )

29RETIREMENT, )

31)

32Respondent. )

34)

35FINAL ORDER OF DISMISSAL

39This cause comes before the undersigned, pursuant to the

48petition filed by the Petitioner, Deborah Bohler, challenging

56the validity of Florida Administrative Code Rule 60S-

649.001(2)(s). Specifically, the dispute concerns whether the

71Division of Retirement's application for Service Retirement and

79the Deferred Retirement Program (Form DP-11) is an invalid

88exercise of delegated legislative authority for reasons set

96forth in Section 120.52(8)(c)-(e), Florida Statutes.

102This Petitioner also has prosecuted a petition pursuant to

111Section 120.57(1) and 120.569, Florida Statutes (2009), by which

120she seeks to obtain retirement benefits as a surviving spouse

130and joint annuitant of her deceased husband, the FRS member,

140George S. Bohler. That case was consolidated with the subject

150rule challenge petition and heard together. That case has been

160adjudicated before the Division of Administrative Hearings by

168Recommended Order, which Recommended Order determined and

175concluded that the Petitioner was entitled to retirement

183benefits as a surviving spouse and joint annuitant of her

193deceased husband. Consequently, her substantial interests were

200addressed and adjudicated in that case in her favor. Because of

211the result in that case, the Recommended Order determined her

221substantial interests. She therefore no longer has a

229substantial interest in challenging and overturning the subject

237rule. The result in the Recommended Order in the case

247originally numbered 09-2842 has effectively rendered the subject

255rule challenge moot. Consequently, being advised in the

263premises, it is

266ORDERED that the challenge to Florida Administrative Code

274Rule 60S-9.001(2)(s) has been rendered moot based upon the

283above-referenced determination and this case, numbered 09-3350RX

290is hereby dismissed without prejudice.

295DONE AND ORDERED this 10th day of November, 2009, in

305Tallahassee, Leon County, Florida.

309S

310P. MICHAEL RUFF

313Administrative Law Judge

316Division of Administrative Hearings

320The DeSoto Building

3231230 Apalachee Parkway

326Tallahassee, Florida 32399-3060

329(850) 488-9675

331Fax Filing (850) 921-6847

335www.doah.state.fl.us

336Filed with the Clerk of the

342Division of Administrative Hearings

346this 10th day of November, 2009.

352COPIES FURNISHED :

355Elizabeth Regina Stevens, Esquire

359Department of Management Services

363Office of the General Counsel

3684050 Esplanade Way, Suite 160

373Tallahassee, Florida 32327

376T. A. Delegal, Esquire

380Delegal Law Offices, P.A.

384424 East Monroe Street

388Jacksonville, Florida 32202

391Sarabeth Snuggs, Director

394Division of Retirement

397Department of Management Services

401Post Office Box 9000

405Tallahassee, Florida 32315-9000

408John Brenneis, General Counsel

412Department of Management Services

4164050 Esplanade Way

419Tallahassee, Florida 32399-0950

422NOTICE OF RIGHT TO JUDICIAL REVIEW

428A party who is adversely affected by this Final Order is

439entitled to judicial review pursuant to Section 120.68, Florida

448Statutes. Review proceedings are governed by the Florida Rules

457of Appellate Procedure. Such proceedings are commenced by

465filing the original Notice of Appeal with the agency clerk of

476the Division of Administrative Hearings and a copy, accompanied

485by filing fees prescribed by law, with the District Court of

496Appeal, First District, or with the District Court of Appeal in

507the Appellate District where the party resides. The notice of

517appeal must be filed within 30 days of rendition of the order to

530be reviewed.

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PDF
Date
Proceedings
PDF:
Date: 05/17/2011
Proceedings: Mandate filed.
PDF:
Date: 03/21/2011
Proceedings: Mandate
PDF:
Date: 03/04/2011
Proceedings: Opinion filed.
PDF:
Date: 03/03/2011
Proceedings: Opinion
PDF:
Date: 06/10/2010
Proceedings: Index, Record, and Certificate of Record sent to the District Court of Appeal.
PDF:
Date: 05/10/2010
Proceedings: Appellant's Response to Order to Show Cause filed.
PDF:
Date: 04/20/2010
Proceedings: Motion to Reopen Formal Administrative Proceedings filed.
PDF:
Date: 04/12/2010
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 04/12/2010
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 02/22/2010
Proceedings: Notice of Appeal filed and Certified copy sent to the District Court of Appeal this date.
PDF:
Date: 11/10/2009
Proceedings: DOAH Final Order
PDF:
Date: 11/10/2009
Proceedings: Final Order of Dismissal. CASE CLOSED.
PDF:
Date: 08/21/2009
Proceedings: (Respondent's) Proposed Recommended Order filed.
PDF:
Date: 08/21/2009
Proceedings: (Respondent's) Proposed Final Order filed.
PDF:
Date: 08/21/2009
Proceedings: Petitioner's Proposed Final Order filed.
PDF:
Date: 08/21/2009
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 08/14/2009
Proceedings: Letter to Judge Ruff from W. Byndloss enclosing Petitioner's Exhibits 1 and 2 (exhibits not available for viewing) filed.
Date: 08/11/2009
Proceedings: CASE STATUS: Hearing Held.
Date: 08/11/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 08/10/2009
Proceedings: Notice of Filing Respondent's Answers to Petitioner's Second Set of Interrogatories filed.
PDF:
Date: 07/31/2009
Proceedings: Joint Response to Prehearing Order filed.
PDF:
Date: 07/22/2009
Proceedings: Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/21/2009
Proceedings: Respondent's Motion to Relinquish Jurisdiction filed.
PDF:
Date: 07/20/2009
Proceedings: Respondent's Response to Petitioner's First Request to Produce (filed in Case No. 09-003350RX).
PDF:
Date: 07/20/2009
Proceedings: Respondent's Notice of Serving Answers to Interrogatories (filed in Case No. 09-003350RX).
PDF:
Date: 07/10/2009
Proceedings: Notice of Withdrawal of Motion to Dismiss for Lack of Standing filed.
PDF:
Date: 07/09/2009
Proceedings: Amended Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/08/2009
Proceedings: Request for Telephonic Hearing on Respondent's Motion to Dismiss for Lack of Standing filed.
PDF:
Date: 07/07/2009
Proceedings: Motion to Dismiss for Lack of Standing filed.
PDF:
Date: 06/30/2009
Proceedings: Amended Notice of Hearing (hearing set for August 11, 2009; 10:30 a.m.; Jacksonville, FL; amended as to Date of Hearing).
PDF:
Date: 06/30/2009
Proceedings: Letter to Judge Ruff from T. Delegal advising that they have no objection to consolidation of the two cases filed.
PDF:
Date: 06/29/2009
Proceedings: Letter to Judge Ruff from E. Stevens regarding consolidating rule challenge case filed.
PDF:
Date: 06/29/2009
Proceedings: Order of Consolidation (DOAH Case Nos. 09-2842 and 09-3350RX).
PDF:
Date: 06/29/2009
Proceedings: Notice of Hearing (hearing set for August 7, 2009; 9:30 a.m.; Jacksonville, FL).
PDF:
Date: 06/23/2009
Proceedings: Notice of Service of Respondent's First Interrogatories to Petitioner filed.
PDF:
Date: 06/19/2009
Proceedings: Order of Assignment.
PDF:
Date: 06/18/2009
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 06/18/2009
Proceedings: Referral Letter filed.
PDF:
Date: 06/18/2009
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Scott Boyd and the Agency General Counsel.

Case Information

Judge:
P. MICHAEL RUFF
Date Filed:
06/18/2009
Date Assignment:
06/19/2009
Last Docket Entry:
05/17/2011
Location:
Jacksonville, Florida
District:
Northern
Agency:
Department of Management Services
Suffix:
RX
 

Counsels

Related Florida Statute(s) (3):

Related Florida Rule(s) (1):